Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1429 of 2019 Petitioner :- Sudhir And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sati Shanker Tripathi,A.K. Mishra Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri A.K. Mishra for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 28.12.2018 (registered as Case Crime No. 279 of 2018), u/s 323, 506, 504, 307 I.P.C., P.S. Pachokhara, district Firozabad.
In substance, allegation made in the F.I.R. is that on 10.11.2018, when the informant had gone to ease towards the field, then Sudheer, Sushil (both sons of Mahendra Singh)Gulshan, son of Susheel and Avinash, son of Rakshapal Singh, who were previously sitting there, put a scarf on the neck of the informant and said to finish him today. They began to press the neck of the informant, due to which, the informant became unconscious and fell down there. At that time, Lokendra came on the spot and started shouting, on which the other witnesses also came there.
Counsel for the petitioners submits that the F.I.R. has been lodged on false allegations, in order to mount pressure upon the petitioners. Petitioners-1 and 2 filed F.I.R. (registered as Case Crime No. 0241 of 2018) on 10.11.2018 against Lokesh, Pawan, Bedari and Rukampal for the incident dated 10.11.2018.
So far as injury report of the informant Balram Singh is concerned, it was a fabricated report. On the application of the petitioners, a Medical Board had been constituted by Chief Medical Superintendent for examination of Balram Singh. The Medical Board had issued notice to Balram Singh for appearing before the Medical Board on 24.12.2018, but he did not appear before the Medical Board for fresh medical examination.
In the facts of the case, the writ petition is disposed of with direction that the petitioner shall not be arrested in pursuance of F.I.R. dated 28.12.2018 (registered as Case Crime No. 279 of 2018), u/s 323, 506, 504, 307 I.P.C., P.S. Pachokhara, district Firozabad, till the submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
Order Date :- 21.1.2019 Jaideep/-